Open questions
Two points in the public record that residents want the City to clarify. We set out what the documents say and what we are asking. We are not alleging that anyone has acted improperly.
1. The Section 37 agreement
What Council decided
- In July 2022, Council required the owner to enter into and register on title an agreement under section 37 of the Planning Act, securing community benefits that include 20 affordable rental units.
- Council also authorized the City Solicitor to bring forward the by-laws, provided the Solicitor was satisfied that appropriate legal mechanisms were in place to ensure that no building permit would be issued until the Section 37 agreement is executed and registered. Council item TE34.40.
- In June 2024, the Committee of Adjustment approved minor variance A0346/24TEY on condition that Council approve any changes to the draft Section 37 agreement and that a final agreement be entered into and registered on title. It also required a revised wind study before the Notice of Approval Conditions, and an updated transportation impact study to justify the reduced parking supply.
- Later that month, Council directed that the draft agreement be amended to implement the Committee's decision. Council item MM19.17.
What the land registry shows
The parcel register for PIN 21265-0317, printed November 1, 2026, lists the instruments registered on title, including the transfer to the current owners on September 25, 2025. It lists no Section 37 agreement among them. A register is a snapshot, and an agreement could be registered later. It is public through Ontario's land registry system.
Permits already issued
The City issued building permit 26 110316 BLD 00 BA on June 2, 2026 for standalone shoring and excavation. On October 8, 2026 it issued a revision (26 110316 BLD 01 BA) that adds tiebacks into the Ossington and Dupont right of way. Both describe the work as being for a future 17-storey mixed use building.
What we are asking
We ask the City to state publicly whether the Section 37 agreement has been executed and registered, and how the direction that no building permit be issued before then was applied to the shoring and excavation permit and its revision.
2. How tall is the building each filing describes?
What the records say
| Record | Date | Description |
|---|---|---|
| By-law 841-2022, Section 37 schedule and Diagram 7 | 2022 | A new 14-storey mixed use building, with a maximum height of 50.0 m, excluding the mechanical penthouse |
| Dewatering registration R-009-9199051442 (previous owner) | March 22, 2023 | A new 14-storey mixed use building |
| Minor variance A0346/24TEY, Committee of Adjustment Notice of Decision | June 11, 2024 | An increase from a 14-storey to a 17-storey mixed-use building, maximum height 56 m excluding the mechanical penthouse |
| Dewatering registration R-009-7398841836 (current owner) | January 22, 2026 | A nineteen-storey high-rise residential structure |
| City building permit 26 110316 BLD 00 BA (standalone shoring and excavation) | Issued June 2, 2026 | Shoring and excavation for remediation purposes for a future 17-storey mixed use building (the same number as the 2024 variance) |
| Site plan control resubmission 21 206371 STE 11 SA | September 2026 | 19 storeys, residential with 116 m2 of commercial space |
| Revision 26 110316 BLD 01 BA to the shoring permit | Issued October 8, 2026 | Adds tiebacks into the Ossington and Dupont right of way. Same description of a future 17-storey mixed use building |
Sources: Ministry registration confirmations. By-law 841-2022. City of Toronto Building Application Status pages for 26 110316 BLD 00 BA (June 2, 2026) and 26 110316 BLD 01 BA (October 8, 2026). Applicant's resubmission documents.
How to read the differences
Ministry dewatering registrations are filed by the owner and are not planning approvals. A building permit is issued under the Building Code Act. Different filings serve different purposes, so some differences are not unusual. But the records describe the building as 14, 17 or 19 storeys depending on the filing, and the two most recent filings, the January 2026 registration and the current resubmission, say 19.
What we are asking
We ask the City to clarify two things:
- Which building each City record refers to, and which approvals it relies on.
- That a full zoning compliance review, including storey count, will be completed at the building permit stage, and that permits issued so far for site work do not imply approval of any particular building design.